Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 WP(C) NO. 26782 OF 2023 PETITIONERS:
1 MEERA SUNNY P AGED 54 YEARS W/O JIJI THOMAS V, DEPUTY STATE TAX OFFICER, OFFICE OF THE STATE TAX OFFICER, TAXPAYER SERVICES CIRCLE,PALAKKAD WEST, KERALA STATE GST DEPARTMENT, BEHIND CIVIL STATION, PALAKKAD-678001. RESIDING AT VAZHAYIL HOUSE, HOUSE NO.45, SREE DURGA NAGAR, KALLEKULANGARA POST, PALAKKAD, PIN - 678009 2 RADHAKRISHNAN M AGED 46 YEARS S/O LATE MADHAVAN, DEPUTY ENFORCEMENT OFFICER, OFFICE OF THE ENFORCEMENT OFFICER, KERALA STATE GST DEPARTMENT, ENFORCEMENT SQUAD, WALAYAR-678624, RESIDING AT KOTTAYAMKADU HOUSE, ELAVANCHERRY POST, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678508 BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P RESPONDENTS:
1 THE KERALA STATE GST DEPARTMENT REP. BY THE COMMISSIONER, 9TH FLOOR, TAX TOWER, KILLPPALAM, KARAMANA POST, THIRUVANANTHAPURAM., PIN - 695002 2 THE JOINT COMMISSIONER TAXPAYER SERVICES KERALA STATE GST DEPARTMENT, BEHIND CIVIL STATION, PALAKKAD., PIN - 678001 3 THE JOINT COMMISSIONER TAXPAYER SERVICES KERALA STATE GST DEPARTMENT, B BLOCK, FIRST FLOOR, CIVIL STATION, VIDYA NAGAR, KASARAGOD., PIN - 671123 4 THE JOINT COMMISSIONER TAXPAYER SERVICES KERALA STATE GST DEPARTMENT, FIRST FLOOR, BAZAR ROAD, MATTANCHERRY, COCHIN, PIN - 688002 5 THE JOINT COMMISSIONER TAXPAYER SERVICES KERALA STATE GST DEPARTMENT KATTAPPANA SOUTH POST,,
WPC 26782 of 2023 2 IDUKKI DISTRICT., PIN - 685515 6 LIJU KJ ASSISTANT STATE TAX OFFICER, OFFICE OF THE DEPUTY COMMISSIONER, KERALA STATE GST DEPARTMENT, TAXPAYER SERVICES DIVISION, KATTAPPANA SOUTH POST,, IDUKKI DISTRICT-685515, RESIDING AT S/O JACOB KM, KARIMANCHERRY HOUSE, EZHUPUNNA, EZHUPUNNA SOUTH POST, ALLEPPEY DISTRICT., PIN - 688556 7 THE KERALA STATE TAXES EMPLOYEES' CO-OPERATIVE SOCIETY LTD NO.T 716 SREEKANTESWARAM, THIRUVANANTHAPURAM, PIN - 695023 REP. BY THE SECRETARY.
8 THE KERALA STATE TAXES EMPLOYEES' CO-OPERATIVE SOCIETY LTD NO.T 716, GST COMPLEX, BEHIND CIVIL STATION, PALAKKAD, PIN - 678001, REP. BY THE OFFICER IN CHARGE.
BY ADVS.
KRISHNA T C ASHA S.V(K/1708/2000) G.SIVASANKAR(S-853) SRI P M SHAMEER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 26782 of 2023 3 JUDGMENT The petitioners state that the petitioners and the 6th respondent are colleagues.
A loan was availed by the 6th respondent from the 7th respondent and the petitioners stood as sureties.
It is stated that when default was committed, amounts have been deducted from the salaries of the petitioners.
It is on these assertions that this writ petition is filed seeking the following reliefs:
i) call for the records relating to Exhibits P1 and P2;
ii) direct the respondents Nos.1 to 5 to take appropriate steps and see that the monthly salary and the other dues to the 6th respondent is fixed at the earliest and at any rate in a time limit to be fixed by this Hon’ble Court, further directing the respondents to disburse the amounts deducted from the salaries of the petitioners to them forthwith along with interest at the rate of 18% per annum and directing the respondents to keep in abeyance further deduction from the salaries of the petitioners in the meantime 2.
A statement has been filed by the 5th respondent as directed by this Court.
It is stated that the 6th respondent who was placed under suspension was reinstated in service by order dated 18.03.2021 and he has been posted to Idukki. Steps are being taken to fix the pay as per the pay revision orders. It is also stated that SLI and GIS policy subscription for the period is pending and to revive the policy certain documents have to be submitted. As soon as the documents are submitted, the entire proceedings can be concluded.
WPC 26782 of 2023 4 3.
In view of the statement filed by the learned Government Pleader, I am of the view that necessary directions can be issued.
There will be a direction to respondents 1 to 5 to initiate appropriate steps and finalise the salary fixation of the 6th respondent within an outer limit of two months.
This petition is disposed of.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP
WPC 26782 of 2023 5 APPENDIX OF WP(C) 26782/2023 PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE RECOVERY STATEMENT FROM THE FIRST PETITIONER FROM 01/2022 TO 08/2023.
Exhibit P2 TRUE COPY OF THE RECOVERY STATEMENT FROM THE 2ND PETITIONER FROM 01/2022 TO 08/2023.